Nomine

I. In the name. Nomine damni: in the name of damage or by way of damages. Nomine p«ena): in the name of a penalty; a In the civil law. Nomine poense: in the Dame of a penalty. Applied to a legacy left for the pui'pose of coercing the heir to do or not to do something.

Lat. By name; by the name of; under the name or designation of. NOMINE PQG:NZ. In the name ofa penalty. In the civil law, a legacy was said to be left nomine pene where it was left for the purpose of coercing tie heir to do or not to do something. Inst. 2, 20, 36. The term has also been applied, in English law, to some kinds of covenants, such asa covenant inserted in a lease that the lessee shall forfeit a certain sum on non-payment of rent, or on doing certain things, as plowing up ancient meadow, and the like. I Crabb, Real Prop. p. 171, § 155.